Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7752
SECOND DIVISION Docket No. 76+0-T
2-cf.Nw-MA-' 78

The Second Division consisted of the regular members and in addition Referee James F. Scearce when award was rendered.

( International Association of Machinists and

( Aerospace Workers

Paxties to Di,pute:

( Chicago and North Western. Transportation Company

Disixite! Clain of 7yrmlove-

1. That the Chicago and North Western Transportation Company,
hereinafter referred to as the Carrier, violated the provisions
of the Controlling Agreement when on October 8, 1.976 at Spooner,
Wisconsin, the Carrier arbitrarily <:,2s a2signed other than Machinist
craft employes, namely, two (2) Carmen employes, to :perform
classified and recognized Machinist work during the rerailmeat,
of boouter locomotive BU-a.5. The wor_ in dispute consisted. of
the removal of the booster locomotive's nu:nber two traction motor
and wheel set assembly, and the a.P_plicatien of a new wheel set,
rzinus the motor, in the nu_._ber two .position.

2. That because the Carrier arbitrarily deprived T'a:chi.n:i_st e:np'?.oyrs
of their con'trac·.tual right to perform work rightfully classified
as Machinists' work under the applicable provisions of the Scheduled
Agrec'ze:nnt, the Carrier be ordered to compensate each of the two
(2) Cedar Lake Shop, Minneapolis, Vit2rac:,ota, h1achinist, employes
R. Tufty and J. Claus eight ( 8 ) hours pay a t rate and one-half
Machinist rate of pay.

Findings:

The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute era respectively carrier and employe within tile meaning of the Railway Labor Act as approved June 2a_, 193+.

This Division of the Adjustment; Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing tKercon.

This ca.;;e i s marked by either a lack of inforn,-.ation or -.iisinfo,nnation as

' ~ t:i ,~ i
to what transpired on, OCtCI>eY' CJ, 1976. On ., vhf.' n;_Ec.n:LZwr.ozx'< part, .t
described t~ ~ ~.~ Y derailment; in y· the facts would v )r'°.aY'
.c.~c.E: .~.·oby._en as .t _> a derailment; i.~ con'ca'j..~s ,,
to indicate 'L.hQt a motor seized in a locomotive booster unit, BU-15,
Form 1 Award No. 77>2
Page 2 Docket No. 7640-T
2-C&IVVd-MA-' 78

preventing its forward motion. On the other hand, the Carrier's record a.ppeax's to be deficient as to the type and extent of work. performed, and it did not rebut the statement of a disinterested party as to the wor:~ pex.'for??=ed bye the Carmen. The record would tend to supuatt that work pe~.fox-med was properly that of zr:achin:Lsts. Due to the di.paxity in dates on both ,-)-aits, we shall a7,.,,riz four hours at straight. time 'to the Claimants based on a suf:L'ic:i_erru but not entire showing that such work was in thaw craft.

A Z^J P~, R D

Claims upheld. to the extent set out in the Findings.

NATIONAL R~`:.TI~OAD ADjU)":TTrL,,'T,,T BOARD

By Ox'deof Second Division

Attest: Executive Secretary
Tva,ioiual Railroad Adjust-rient Board

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Datediat Chicago, Illinois., this ~~Tt:h day of November, x_978.